Mr. S. William Cochran, Atty., Washington, D.C., with whom Mr. C. W. Moore, Sol., was on the brief, for appellee.

Before BASTIAN, WRIGHT and MCGOWAN, Circuit Judges.

PER CURIAM.

1

The question involved in this case is whether a copending patent is part of the 'prior art' within the meaning of that term as used in 35 U.S.C. 103, and whether a copending patent is a bar to a patent application only if it actually describes the invention for which patent is sought.

2

Having been unsuccessful in the Patent Office in their application for patent, appellants (plaintiffs) filed suit in the District Court to obtain a judgment authorizing appellee (defendant), Commissioner of Patents, to issue the patent applied for by them. The District Court, after a full hearing, rendered an opinion finding for appellee and against appellants, and dismissing the complaint. Hazeltine Research, Inc. v. Ladd, 226 F.Supp. 459 (D.D.C.1964).

3

We are in agreement with the opinion of the District Court. Accordingly, it follows that the judgment of the District Court must be and is